Patent Reexamination in China VS Patent Appeal in the USA
After receiving a “final” office action which rejects their patent application, an applicant has options for recourse depending on their jurisdiction. In China, the applicant may file a request for patent reexamination to Patent Reexamination Board (PRB), while in the US, the applicant may file patent appeal for the rejection to the Patent Trial and […]
Common Problems of Patent Subject Matters in the Field of IT
In the previous article, we introduces the the subject matter problem for patents in China. Simply put, patent subject matters are also referred to as the protecting object of the patent law. If a patent has the problem of subject matter, it means that the invention application is not the object of patent protection. And […]
Examination of Inventive Step for Patents in China
In the previous article, we introduced utility model patents (UMP) and invention patents in China, and their differences, including examination procedure. In this article, we will talk about their differences in inventive step examination in detail. 1. Examination Procedures In China, a utility model patent (UMP) only needs to undergo the preliminary examination, and the […]
Protectable Subject Matters of Utility Model Patents and Invention Patents in China
This article will talk about protectable subject matters of utility model patents (UMP) and invention patents in China, and their similarities and differences. Protectable Subject Matters of Invention Patents in China Article 2.2 of Chinese Patent Law stipulates that “An invention refer to a new technical solution proposed for a product, a method or an […]
Types of Patents and Dual Filing Strategy in China
China’s patent law allows inventors to file for one of three types of patents: invention, utility model, and design. A strategy for filing in China could include filing both invention applications and utility model applications.
Three Ways to File Patents in China
There are THREE ways in which a patent may be filed under the Chinese legal framework: direct filing; by PCT route; by Paris Convention.
Requirements and Documents for Chinese Patent Applications
Documents required for submitting Chinese applications generally include: Request for Filing; Claims; Specification; Figures; POA.
Patent Prosecution Procedures in China
Examination procedures of CN invention patent application include five steps: acceptance, preliminary examination, publication, substantive examination and grant.
Official Fees of Chinese Patent Applications
To help the applicants located outside of Mainland China learn about how much a Chinese patent application may cost, we briefly introduce basic official fees of different types of Chinese patent applications.
Foreign-Filing Licenses for Patents in China
Like the US, China has its foreign-filing license requirement for inventions. Companies involving cooperation with each other across the border should be aware that compliance with the foreign-filing license requirements is important.